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15-096 - Foley et al v. University of Dayton Office of Legal Affairs et al


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15-096 - Foley et al v. University of Dayton Office of Legal Affairs et al
December 7, 2015
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DECISION AND ENTRY SUSTAINING IN PART DEFENDANT DYLAN PARFITT'S AND DEFENDANT MICHAEL R. GROFF'S MOTIONS FOR JUDGMENT ON THE PLEADINGS OR, IN THE ALTERNATIVE, TO CERTIFY QUESTIONS OF LAW TO THE OHIO SUPREME COURT (DOCS. ## 26, 28); SUSTAINING DEFENDANT DYLAN PARFITT'S AND DEFENDANT MICHAEL R. GROFF'S MOTIONS FOR A STAY (DOCS. ## 27, 29); STAYING PROCEEDINGS AS TO THESE TWO DEFENDANTS PENDING CERTIFICATION TO OHIO SUPREME COURT. Signed by Judge Walter H. Rice on 12/7/2015. (srb)
December 7, 2015
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CERTIFICATION OF QUESTIONS OF STATE LAW TO SUPREME COURT OF OHIO. Signed by Judge Walter H. Rice on 12/7/2015. (Attachments: # (1) DECISION AND ENTRY) (srb)
December 6, 2016
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DECISION AND ENTRY SUSTAINING DEFENDANT DYLAN PARFITT'S UNOPPOSED SUPPLEMENTAL MOTION FOR JUDGMENT ON THE PLEADINGS AND MOTION TO LIFT STAY (DOC. #49) AND UNOPPOSED MOTION OF DEFENDANT, MICHAEL GROFF, FOR JUDGMENT ON THE PLEADINGS (DOC. #50)- On November 3, 2016, the Supreme Court of Ohio held that no cause of action exists in Ohio for negligent misidentification. Foley v. University of Dayton, --N.E.3d--, 2016-0hio-7591, 2016 WL 6519115. Given that this was the only claim asserted against Defendants Dylan Parfitt and Michael Groff, the Court SUSTAINS Defendant Dylan Parfitt's Supplemental Motion for Judgment on thePleadings (Doc. #49), and Motion of Defendant Michael Groff, for Judgment on the Pleadings (Doc. #50). Both motions are unopposed.Signed by Judge Walter H. Rice on 12/6/16. (kma)
July 6, 2017
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REPORT AND RECOMMENDATIONS: 69 Defendants' Joint MOTION to Dismiss be denied. Objections to R&R due by 7/20/2017. Signed by Magistrate Judge Sharon L. Ovington on 7-6-17. (mcm)
July 24, 2017
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DECISION AND ENTRY - ORDER ADOPTING REPORT AND RECOMMENDATIONS for 73 Report and Recommendations, Defendants' Joint Motion to Dismiss (Doc. #69) is DENIED. Signed by Judge Walter H. Rice on 7/24/17. (pb)